House
File
712
-
Introduced
HOUSE
FILE
712
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
526)
A
BILL
FOR
An
Act
relating
to
social
media
data
collection
regarding
1
children
under
eighteen
years
of
age,
providing
civil
2
penalties,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2249HV
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es/rn
H.F.
712
Section
1.
NEW
SECTION
.
554G.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Child”
means
an
individual
younger
than
eighteen
years
4
of
age.
5
2.
“Internet
site”
means
the
same
as
defined
in
section
4.1.
6
3.
“Online
contact
information”
means
an
electronic
mail
7
address
or
any
other
substantially
similar
identifier
that
8
permits
direct
contact
with
a
person
online,
including
but
not
9
limited
to
an
instant
messaging
user
identifier,
a
voice
over
10
internet
protocol
identifier,
or
a
video
chat
user
identifier.
11
4.
“Personal
information”
means
individually
identifiable
12
information
about
a
child
collected
online,
including
all
of
13
the
following:
14
a.
First
and
last
name.
15
b.
Home
or
other
physical
address
including
street
name
and
16
name
of
a
city
or
town.
17
c.
Electronic
mail
address.
18
d.
Telephone
number.
19
e.
Social
security
number.
20
f.
Online
contact
information,
or
a
screen
or
user
name
that
21
functions
in
the
same
manner
as
online
contact
information.
22
g.
A
persistent
identifier
that
can
be
used
to
recognize
a
23
user
over
time
and
across
different
internet
sites
or
online
24
services,
including
but
not
limited
to
a
customer
number
held
25
in
a
cookie,
an
internet
protocol
address,
a
processor
or
26
device
serial
number,
or
unique
device
identifier.
27
h.
A
photograph,
video,
or
audio
file
where
such
file
28
contains
a
child’s
image
or
voice.
29
i.
Geolocation
information
sufficient
to
identify
street
30
name
and
name
of
a
city
or
town.
31
j.
Information
concerning
a
child
or
the
parents
of
that
32
child
that
an
internet
site
collects
online
from
the
child
and
33
combines
with
an
identifier
described
in
this
subsection.
34
5.
“Social
media
platform”
means
an
internet
site
or
35
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712
application
that
is
open
to
the
public,
allows
a
user
to
create
1
an
account,
and
enables
users
to
communicate
with
other
users
2
for
the
primary
purpose
of
posting
information,
comments,
3
messages,
or
images.
The
term
does
not
include
any
of
the
4
following:
5
a.
An
internet
service
provider.
6
b.
Electronic
mail.
7
c.
An
online
service,
application,
or
internet
site
that
8
consists
primarily
of
news,
sports,
entertainment,
or
other
9
information
or
content
preselected
by
the
provider
that
10
is
not
user-generated
and
where
interactive
functionality
11
is
incidental
to,
directly
related
to,
or
dependent
on
the
12
provision
of
the
content.
13
Sec.
2.
NEW
SECTION
.
554G.2
Social
media
platform
——
14
prohibition
on
child
data
collection.
15
1.
A
social
media
platform
shall
not
collect,
use,
or
16
disclose
personal
information
from
or
regarding
a
child
in
17
this
state
if
the
social
media
platform
has
actual
knowledge
18
that
the
platform
is
collecting,
using,
or
disclosing
such
19
information,
unless
consent
is
obtained
pursuant
to
subsection
20
2.
21
2.
A
social
media
platform
shall
obtain
verifiable
parental
22
consent
prior
to
the
collection,
use,
or
disclosure
of
personal
23
information
from
or
regarding
a
child
in
this
state.
24
Sec.
3.
NEW
SECTION
.
554G.3
Civil
penalty.
25
A
social
media
platform
that
violates
section
554G.2
shall
26
be
subject
to
a
civil
penalty
of
one
thousand
dollars
per
27
violation.
A
penalty
imposed
pursuant
to
this
section
shall
be
28
deposited
in
the
general
fund
of
the
state.
29
Sec.
4.
NEW
SECTION
.
554G.4
Enforcement.
30
The
attorney
general
may
bring
a
civil
action
under
section
31
554G.2
on
behalf
of
a
child
who
resides
in
this
state
against
a
32
social
media
platform.
33
Sec.
5.
APPLICABILITY.
This
Act
applies
to
the
collection,
34
use,
or
disclosure
of
information
by
a
social
media
platform
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operating
on
or
after
the
effective
date
of
this
Act.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
social
media
data
collection
regarding
5
children
under
18
years
of
age.
6
The
bill
defines
“child”,
“internet
site”,
“online
contact
7
information”,
“personal
information”,
and
“social
media
8
platform”.
The
bill
defines
“online
contact
information”
to
9
mean
an
electronic
mail
address
or
any
other
substantially
10
similar
identifier
that
permits
direct
contact
with
a
person
11
online.
The
bill
defines
“personal
information”
to
mean
12
individually
identifiable
information
about
a
child
collected
13
online,
including
the
name,
telephone
number,
social
security
14
number,
or
geolocation
information
of
a
child.
The
bill
15
defines
“social
media
platform”
to
mean
an
internet
site
or
16
application
that
is
open
to
the
public,
allows
a
user
to
create
17
an
account,
and
enables
users
to
communicate
with
other
users
18
for
the
primary
purpose
of
posting
information,
comments,
19
messages,
or
images.
20
The
bill
prohibits
a
social
media
platform
from
collecting,
21
using,
or
disclosing
personal
information
regarding
a
child
22
if
the
social
media
platform
has
actual
knowledge
that
the
23
platform
is
collecting,
using,
or
disclosing
such
information,
24
unless
a
social
media
platform
first
obtains
verifiable
25
parental
consent
to
the
collection,
use,
or
disclosure
of
such
26
personal
information.
27
The
bill
provides
for
civil
penalties.
A
social
media
28
platform
in
violation
of
the
bill’s
provisions
shall
be
subject
29
to
a
fine
of
$1,000
per
violation.
The
fine
shall
be
deposited
30
in
the
general
fund
of
the
state.
31
The
bill
provides
that
the
attorney
general
may
enforce
the
32
provisions
of
the
bill.
33
The
bill
applies
to
the
collection,
use,
or
disclosure
of
34
information
by
a
a
social
media
platform
operating
in
the
state
35
-3-
LSB
2249HV
(1)
90
es/rn
3/
4
H.F.
712
on
or
after
the
effective
date
of
the
bill.
1
-4-
LSB
2249HV
(1)
90
es/rn
4/
4